To link to the entire object, paste this link in email, IM or documentTo embed the entire object, paste this HTML in websiteTo link to this page, paste this link in email, IM or documentTo embed this page, paste this HTML in website

Bulletin of the North Carolina Licensing Board for General Contractors

Bulletin of the North Carolina Licensing Board for General Contractors

NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Paul, Barnhill Reappointed to Licensing Board
Governor Beverly Eaves Perdue has reappointed Allen Barnhill and Cleve Paul
to the Licensing Board for second five-year terms. Mr. Paul’s term expires
December 31, 2016 and Mr. Barnhill’s term ends December 31, 2017.
Mr. Paul, who was elected Chairman of the Licensing Board at the April
2012 meeting, has over 45 years experience in the construction industry,
including estimating, field operations, contract administration and cost
accounting. He received his BS degree in Business Administration from East
Carolina University in 1970. In 1977, he joined D.S. Simmons, Inc., a Goldsboro
commercial construction firm and was named Vice President in 1980. In 1989,
he was named D.S. Simmons’ President and CEO. Mr. Paul is currently a
member and officer with Carolinas Associated General Contractors and was
Chairman and Vice Chairman of the NC State Building Commission. He is a
member of the advisory board of the Construction Management Program at
East Carolina University. Mr. Paul serves as the commercial building contractor
designated member of the Licensing Board.
(CONTINUED ON PAGE 2)
(CONTINUED ON PAGE 2)
LICENSING BOARD CALENDAR
January 1, 2013
New Year’s Day
Board Office Closed
January 21, 2013
Martin Luther King Jr.’s Birthday
Board Office Closed
January 23, 2013
Regular Board Meeting
March 29, 2013
Good Friday
Board Office Closed
April 10, 2013
Regular Board Meeting
May 27, 2013
Memorial Day
Board Office Closed
July 4, 2013
Independence Day
Board Office Closed
July 17, 2013
Regular Board Meeting
September 2, 2013
Labor Day
Board Office Closed
October 9, 2013
Regular Board Meeting
( Board Meeting dates are subject to change )
New Rule Applicable to Limited License Applicants
Amended Rule Provides Alternative
Financial Responsibility Standard
REPORT
WINTER 2013
DISCIPLINARY ACTION (INCLUDING DEFINITIONS) 4
CONSENT ORDERS (LICENSEES) 6
UNLICENSED CONTRACTOR CASES — INJUNCTIONS 13
UNLICENSED CONTRACTOR CASE—CONTEMPT 15
FINAL DECISIONS 4
CONSENT ORDERS (UNLICENSED) 10
VOLUNTARY SURRENDERS 15
NORTH CAROLINA LICENSING BOARD
FOR GENERAL CONTRACTORS
A rule approved by the NC Rules Review Commission in October 2012 will
provide applicants for a limited license an alternative means to demonstrate
financial responsibility to the Board. The new rule takes effect on April 1, 2013,
at which time “total net worth” may be used by limited license applicants (for
original license or renewal) as an alternative to the current working capital stan-dard.
Once the rule becomes effective, limited license applicants may meet the
statutory requirement to demonstrate financial responsibility by using net worth
in lieu of working capital. The threshold or minimum net worth required in order
to demonstrate financial responsibility using this standard will be $80,000.
2 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Mr. Barnhill, a Tarboro native, joined Barnhill Contracting Company in 1977.
In 2006 he became Senior Vice President of Barnhill Contracting and manages
all aspects of the grading and paving operations of the Tarboro/Rocky Mount,
Northeast and Brunswick divisions of Barnhill. He is a graduate of North
Carolina State University where he earned a degree in Civil Engineering.
Barnhill is a member of the Carolinas Asphalt Paving Association and
Carolinas Associated General Contractors. He is also a past member of the
North Carolina Sedimentation Control Commission. Mr. Barnhill serves as the
highway contractor designated member of the Licensing Board.
5400 Creedmoor Road
P.O. Box 17187
Raleigh, NC 27619
Phone: 919.571.4183
Fax: 919.571.4703
www.nclbgc.org
BOARD MEMBERS
Cleve Paul, Chairman, Goldsboro
Leslie Silverstein, Vice-Chairman, Raleigh
Allen Barnhill, Tarboro
Rex Bost, Cary
Bobby Lasater, P.E., Cary
Susan J. Monroe, Fayetteville
Jerry Smith, Goldsboro
Larry Watson, Blowing Rock
Carl E. Worsley, Nags Head
ADMINISTRATION
Mark Selph, Secretary-Treasurer
Nancy G. Routh, Associate
Sec.-Treasurer
Frances McDonald, Licensing Manager
Debbie Price, Administrative Assistant
Cherie Sutton, License
Renewal Manager
Connie Bartlett, Recovery
Fund/Renewals
Brenda Spence, Reception
Pam Tew, Licensing
Mozelle Hicks, Renewals
Amanda Carter, Licensing
INVESTIGATIONS
Susan Sullivan,
Complaints Administrator
Michael Silver, Senior Inv., Western
Joel Macon, Field Inv/South Coastal
Mike Brown, Field Inv/North Coastal
Kenneth McCombs, Field Inv/
South Central
Curtis Huff, Field Inv/North Central
NORTH CAROLINA
LICENSING BOARD
FOR GENERAL
CONTRACTORS
Paul, Barnhill Reappointed
(CONTINUED FROM PAGE 1)
Amended Rule
(CONTINUED FROM PAGE 1)
New Delivery Address
for Applications,
License Renewals
With the Board’s recent office relocation,
the physical address for mailing or
delivering applications, annual renewals
or correspondence to the Licensing Board
has changed. The new address is 5400
Creedmoor Road, Raleigh, NC 27612. The
Board’s post office box (P.O. Box 17187,
Raleigh, NC 27619) remains the same.
The Board’s fax number (919.571.4703)
and main number (919.571-4183) also
have not changed.
For the most recent changes, news or
forms, please visit the Board’s website,
www.nclbgc.org. The website offers
current versions of the Board’s publications,
laws, application forms and Homeowners
Recovery Fund claim forms.
N o rt h Ca r olin a L icens in g Bo ard
f or G en e r al C ontrac to r s
North
Carolina
General
Contractor
Licensing
Statutes
Homeowners
Recovery
Fund
Laws
Regulations
for
Contractors
North
Carolina
Administrative
Code
20 12
L aws a nd
Regula tions
Applicable to
General
Cont racting in
t he State of
Nor th Carolina
􀀀􀀀
TION
FOR
LICENSE TO PRACTICE GENERAL CONTRACTING
IN THE
STATE OF NORTH CAROLINA
Name of
Applicant________________________________________________________________________________________________________________________
(Exact name in which license is to be issued,i.e.,corporation,partnership,individual,proprietorship)
Applicant’s Street
Address or P.O.Box______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
City State Zip
County__________________________________________________________ Telephone Number_________________________________________
E-mail Address (Opational)________________________________________________________________________
For Office Use Only
Information on this application must be typewritten or completed in dark ink. Facsimile copies or
reproductions of this application formor attachments will not be accepted.
A1
( )
Attach Check Here
2011
Current licensing board financial responsibility rules for limited license holders
require that an applicant’s working capital be at least seventeen thousand dol-lars
($17,000). Rule .0204(a)(2) defines the amount of working capital as total
current assets minus total current liabilities.
The new rule, 21 NCAC 12.0204, is published on the Licensing Board’s website
at www.nclbgc.org.
Click on ‘Laws and Regulations’ to view amended .0204.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 3
The Licensing Board for General Contractors’ office building in Raleigh has achieved LEED (Leadership in Energy and
Environmental Design) certification as verified by the U.S. Green Building Council in September. The building earned the
Gold level of certification established by the U.S. Green Building Council, based on the building’s final approved points
earned under the LEED for New Construction rating system.
The Board occupied the completed 20,000 square foot building in October 2010.
Building projects earn LEED certification based on a new construction checklist and credits evaluated and reviewed
under the LEED Green Building Rating System. LEED certification is widely identified as an example of sustainable
design in the building industry.
LEED Gold Certification for Board Headquarters Building
4 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Combs Construction, LLC and
Albert Allen Combs, as Qualifier
(Henderson County; 10 C 236)
License No. 38689. A disciplinary
hearing was conducted on May 9,
2012 and the Final Decision was
entered on May 14, 2012. Combs
Construction, Inc. was issued a lim-ited
residential license on March 18,
1997. The limitation was increased
to unlimited on July 26, 2006. The
license converted from a corpora-tion
to an LLC on February 1, 2007,
and the classification was changed
to building on February 7, 2007. The
license was last renewed on January
2, 2010 and is currently invalid. The
Board, after considering the testi-mony
and exhibits presented during
the hearing, found that the actions
of the Respondent Licensee consti-tute
misconduct in the practice of
general contracting. The actions of
Respondent Licensee are directly
attributable to and/or were com-mitted
by Respondent Qualifier and
constitute misconduct in the practice
of general contracting. The actions of
Respondent Licensee constitute fraud
and deceit in obtaining a license. The
actions of Respondent Licensee are
directly attributable to Respondent
Qualifier and constitute fraud and
deceit in obtaining a license. The
license of the Respondent Licensee
and Respondent Qualifier’s ability to
act as a qualifying party for a license
to practice general contracting for
any co-partnership, corporation
Disciplinary Action
(The following Board Orders and other Board disciplinary actions reported here are not a complete summary of all
activity or a full representation of each case. Every effort is made for accuracy, but such is not guaranteed. Questions or
requests for additional information about specific cases should be referred to the Board’s Legal Section.)
Consent Order: An order of the Board resulting from
an agreement between the Board and a licensee
regarding the revocation or suspension of the license
to practice general contracting, or the conditions,
limitations or restrictions placed on that license. This
is a method of resolving or settling disciplinary or
contested cases in lieu of a disciplinary hearing.
Revocation: A Board action which permanently
terminates a license by effectively withdrawing that
license to practice general contracting.
Suspension: A Board action which inactivates a
license to practice general contracting for a set period
of time.
Dismissal/Voluntary Dismissal: A Board action
dismissing a contested case, resulting in no disciplin-ary
action against the licensee or Respondent.
Voluntary Surrender: A licensee’s relinquishing or
tendering of the license to practice general contracting,
pending an investigation or other action by the Board.
Reprimand: A Board action wherein the licensee and/
or qualifier is/are reprimanded for disciplinary pur-poses.
The Reprimand becomes a permanent record
in the file and is subject to approval by the licensee/
qualifier in lieu of being referred to the full Board for
formal proceedings.
Admission of Violation: A document signed by a
licensee who admits to the stated violations, agrees
not to repeat them, but acknowledges that the Board
may use the document against the licensee prospec-tively
should such action become necessary.
Injunction: A Superior Court order entered against an
unlicensed contractor who is illegally practicing general
contracting. Such an order stops the illegal practice
and can be obtained by consent of a cooperating
contractor or by default judgment; violation of the
injunction is contempt of court.
Code: Provisions of the North Carolina State Build-ing
Code (Residential/Vol. VII and previous editions;
General Construction/Vol. I).
Definitions
Final Decisions
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 5
or any other organization or com-bination,
are hereby revoked.
Eddie Carroll Hudson and Eddie
Carroll Hudson, as Qualiier
(Buncombe County, 10 C 310)
License No. 14658. A disciplinary
hearing was conducted on February
8, 2012 and the Final Decision was
entered on February 16, 2012. Eddie
Carroll Hudson was issued a limited
residential license on January 19,
1983. The license was last renewed
on January 1, 2010 and is currently
invalid. The Board, after considering
the testimony and exhibits presented
during the hearing, found that the
actions of the Respondent Licensee
constitute gross negligence, incom-petency,
and/or misconduct in the
practice of general contracting. The
actions of Respondent Licensee are
directly attributable to and/or were
committed by Respondent Qualifier
and constitute gross negligence,
incompetency, and/or misconduct
in the practice of general contract-ing.
The license of the Respondent
Licensee and Respondent Qualifier’s
ability to act as a qualifying party for
a license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Michael Shew t/a Michael Shew
Construction and Michael Lloyd
Shew, as Qualiier (Caldwell County,
10 C 243) License No. 57511. A dis-ciplinary
hearing was conducted on
May 9, 2012 and the Final Decision
was entered on May 14, 2012. Combs
Construction, Inc. was issued a
limited residential license on April 11,
2005. The license was last renewed
on October 20, 2010 and is currently
invalid. The Board, after consider-ing
the testimony and exhibits pre-sented
during the hearing, found
that the actions of the Respondent
Licensee constitute misconduct in
the practice of general contracting.
The actions of Respondent Licensee
are directly attributable to and/or
were committed by Respondent
Qualifier and constitute misconduct
in the practice of general contract-ing.
The license of the Respondent
Licensee and Respondent Qualifier’s
ability to act as a qualifying party for
a license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Reeger Builders, Inc. and Richard
Bennett Reeger, as Qualiier
(Gaston County, 10 C 79) License
No. 19315. A disciplinary hearing
was conducted on November 9,
2011 and the Final Decision was
entered on February 16, 2012. Reeger
Builders, Inc. was issued a limited
residential license on November 20,
1985. The limitation was increased
to intermediate on January 20, 1988.
The license was last renewed on
January 25, 2010 and is currently
invalid. The Board, after consider-ing
the testimony and exhibits pre-sented
during the hearing, found
that the actions of the Respondent
Licensee constitute misconduct. The
actions of Respondent Licensee are
directly attributable to and/or were
committed by Respondent Qualifier
and constitute misconduct. The
license of the Respondent Licensee
and Respondent Qualifier’s abil-ity
to act as a qualifying party for a
license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Southern Appalachian Builders,
Inc. and Brandon Curtis Wilson, as
Qualiier (Macon County, 09 C 171)
License No. 64594. A disciplinary
hearing was conducted on February
8, 2012 and the Final Decision
was entered on February 16, 2012.
Southern Appalachian Builders, Inc.
6 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
w
on October 4, 2007. The license was
last renewed on January 30, 2009 and
is currently invalid. The Board, after
considering the testimony and exhibits
presented during the hearing, found
that the actions of the Respondent
Licensee constitute gross negligence,
incompetency, and/or misconduct in
the practice of general contracting.
The actions of Respondent Licensee
are directly attributable to and/or were
committed by Respondent Qualifier
and constitute gross negligence,
incompetency, and/or misconduct
in the practice of general contract-ing.
The license of the Respondent
Licensee and Respondent Qualifier’s
ability to act as a qualifying party for
a license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Consent Orders
( Licensees )
B. Moore Construction, Inc. and
Gary Bradford Moore, Jr. and
Stephen Robert Ruhl, as Qualifiers
(Mecklenburg County, 11 C 155)
License No. 61461. On July 18, 2012,
the Board entered into a Consent
Order with B. Moore Construction,
Inc., as Respondent Licensee, in
which the Respondent Licensee
consented that the license be rep-rimanded.
Gary Bradford Moore,
Jr. as Qualifier, and Stephen Robert
Ruhl, as Qualifier each signed a
Statement of Consent agreeing to
the same terms and conditions set
forth in the Consent Order con-sented
to by Respondent Licensee.
David Earl Jones and David Earl
Jones, as Qualiier (Hertford County,
09 C 259) License No. 63771. On
January 25, 2012, the Board entered
into a Consent Order with David Earl
Jones, as Respondent Licensee,
in which the Respondent Licensee
consented to a period of suspen-sion
of twelve (12) months com-mencing
upon the Effective Date
of the Consent Order. By consent,
the suspension was stayed and the
license was conditionally restored fol-lowing
a six (6) month period of active
suspension. Respondent Licensee
consented to take the Contractor
Education Services, LLC course and
submit to the Board written proof of
satisfactory completion of the course
within one (1) year from the Effective
Date of the Order. David Earl Jones,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Derrick M. Bennett and Derrick M.
Bennett, as Qualiier (Bertie County,
11 C 61) License No. 54575. On
October 10, 2012, the Board entered
into a Consent Order with Derrick M.
Bennett, as Respondent Licensee, in
which the Respondent Licensee con-sented
to a twelve (12) month suspen-sion
to commence upon the Effective
Date of the Order. With consent of
Respondent Licensee, the suspension
was conditionally restored following a
sixty (60) day period of active suspen-sion
which shall commence on the
Effective Date of the Consent Order.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 7
The Board also entered into a Consent
Order with Derrick M. Bennett, as
Qualifier, in which he consented to a
twelve (12) month suspension of his
examination credentials commenc-ing
upon the Effective Date of the
Order. With consent of Respondent
Qualifier, the suspension was condi-tionally
restored following a sixty (60)
day period of active suspension which
shall commence on the Effective Date
of the Consent Order. Respondent
Licensee and Respondent Qualifier
consented to take course BM201
entitled “Basic Business Planning”
offered by the NC Homebuilders
Association, Home Builders Institute
and submit to the Board written
proof of satisfactory completion of
the course within one (1) year from
the Effective Date of the Order.
Eagle Crest Construction, Inc.
and Nicholas James Shelton, as
Qualiier (Guilford County, 10 C 120
and 10 C 165) License No. 46776.
On January 25, 2012, the Board
entered into a Consent Order with
Eagle Crest Construction, Inc., as
Respondent Licensee, in which the
Respondent Licensee consented to its
license being admonished. Nicholas
James Shelton, as Respondent
Qualifier, entered into a Consent
Order in which he consented to
his examination credentials being
admonished. Respondent Licensee
and Respondent Qualifier consented
to take a Contractor’s Business
Management Course offered by the
Contractor’s Education Services,
LLC and submit to the Board writ-ten
proof of satisfactory completion
of the course within one (1) year
from the effective date of the Order.
Hinson Custom Homes, Inc. and
John David Hinson, Jr., as Qualiier
(Orange County, 10 C 140) License
No. 56202. On January 25, 2012, the
Board entered into a Consent Order
with Hinson Custom Homes, Inc., as
Respondent Licensee, in which the
Respondent Licensee consented to
a twelve (12) month suspension to
commence upon the Effective Date of
the Order. The Respondent Licensee
consented to a stay of the suspen-sion
and the licensee was condition-ally
restored. The Board also entered
into a Consent Order with John David
Hinson, Jr., as Qualifier, in which he
consented to a twelve (12) month sus-pension
of his examination credentials
commencing upon the Effective Date
of the Order. The suspension was
stayed and the examination creden-tials
were conditionally restored.
Insight Development, LLC and John
Edward Evans, Jr., as Qualiier
(Pender County, 10 C 305) License
No. 69086. On April 11, 2012, the
Board entered into a Consent Order
with Insight Development, LLC, as
Respondent Licensee, in which the
Respondent Licensee consented
to a twenty-four (24) month period
of suspension commencing upon
the Effective Date of the Consent
Order. By consent, the suspension
8 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
was stayed and the license was
conditionally restored following a
one (1) month period of active sus-pension.
Respondent Licensee
consented to take a Contractor’s
Business Management Course
offered by the Contractor’s Education
Services, LLC and submit to the
Board written proof of satisfactory
completion of the course within 12
months from the effective date of
the Order. John Edward Evans, Jr.,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
James Frederick Davis and James
Frederick Davis, as Qualiier
(Transylvania County, 10 C 244)
License No. 12156. On April 11, 2012,
the Board entered into a Consent
Order with James Frederick Davis,
as Respondent Licensee, in which
the Respondent Licensee consented
to a twelve (12) month period of
suspension commencing upon the
Effective Date of the Consent Order.
By consent, the suspension was
stayed and the license condition-ally
restored. Respondent Licensee
consented to take a Contractor’s
pay jointly with all other Respondents
$2,000.00 cost recovery to the Board.
Lee F. Cowper, as Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensees.
Michael Maneth t/a Great Smoky
Mountains Builders and Michael
Maneth, as Qualiier (Macon County,
10 C 69 and 10 C 75) License No.
48708. On April 11, 2012, the Board
entered into a Consent Order with
Michael Maneth t/a Great Smoky
Mountains Builders, Respondent
Licensee, in which the Respondent
Licensee consented to a twelve (12)
month period of suspension com-mencing
upon the Effective Date of
the Consent Order. With Respondent
Licensee’s consent, the suspension
was conditionally restored follow-ing
a four (4) month period of active
suspension. The Board entered into a
Consent Order with Michael Maneth,
as Qualifier, in which he consented
to a twelve (12) month suspension of
his examination credentials begin-ning
the Effective Date of the Consent
Order. With Respondent Qualifier’s
consent, the examination creden-tials
were conditionally restored
Business Management Course
offered by the Contractor’s Education
Services, LLC and submit to the
Board written proof of satisfactory
completion of the course within 12
months from the Effective Date of
the Order. James Frederick Davis,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Lee Fitzgerald Cowper, Lee F.
Cowper, Inc. and Lee F. Cowper,
as Qualiier (New Hanover County,
11 C 22) License No. 34057 (Lee F.
Cowper Inc.) and License No. 15352
(Lee Fitzgerald Cowper). On July
18, 2012, the Board entered into a
Consent Order in which Respondent
Licensees 34057 and 15352 con-sented
to a twenty-four (24) month
period of suspension commenc-ing
upon the Effective Date of the
Consent Order. With the Consent of
Respondent Licensees, the suspen-sion
was conditionally restored fol-lowing
a six (6) month period of active
suspension. Within six (6) months
from the Effective Date of the Consent
Order and pursuant to G.S. 87-11(e),
Respondent Licensee consented to
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 9
following a four (4) month period of
active suspension. Within twelve
(12) months of the Effective Date
of the Consent Order, Respondent
Licensee and Respondent Qualifier
consented to pay $500.00 cost
recovery to the Board and take a
Contractor’s Business Management
Course offered by the Contractor’s
Education Services, LLC and submit
to the Board written proof of satis-factory
completion of the course.
Parker Custom Building, Inc.
and Robert F. Parker, as Qualiier
(Vance County, 11 C 48) License No.
60437. On October 10, 2012, the
Board entered into a Consent Order
with Parker Custom Building, Inc.,
as Respondent Licensee, in which
Respondent Licensee consented to
a six (6) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. Within
180 days from the Effective Date
of this Consent Order, Respondent
Licensee consented to pay jointly
with all parties $1,000.00 cost recov-ery
to the Board. Robert F. Parker,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Scott Mathis and Scott Mathis, as
Qualiier (Transylvania County, 10
C 315) License No. 61288. On April
11, 2012, the Board entered into a
Consent Order with Scott Mathis, as
Respondent Licensee, in which the
Respondent Licensee consented to a
twelve (12) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. By con-sent,
the suspension was stayed and
the license was conditionally restored.
Respondent Licensee consented
to take a Contractor’s Business
Management Course offered by the
Contractor’s Education Services,
LLC and submit to the Board writ-ten
proof of satisfactory comple-tion
of the course within 12 months
from the Effective Date of the Order.
Scott Mathis, as Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Sifford Construction, LLC and
Robert Neal Sifford, as Qualiier
(Rowan County, 11 C 13) License
No. 62396. On July 18, 2012, the
Board entered into a Consent Order
with Sifford Construction, LLC, as
Respondent Licensee, in which the
Respondent Licensee consented to a
twelve (12) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. By con-sent,
the suspension was stayed and
the license was conditionally restored.
Respondent Licensee consented to
take the following two (2) courses
offered by the NC Builder Institute:
BM104 – Construction Contracts and
Preventative Law (8 hours) and LD
302 – Ethics and Principles: Liabilities
or Assets (8 hours) and submit to
the Board written proof of satisfac-tory
completion of the course within
twelve (12) months from the Effective
Date of the Order. Robert Neal Sifford,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Sydney L. Lewis t/a Lewis and
Lewis Builders and Sydney L.
Lewis, as Qualiier (Rowan County,
11 C 09) License No. 39664. On July
18, 2012, the Board entered into a
10 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Consent Order with Sydney L. Lewis
t/a Lewis and Lewis Builders, as
Respondent Licensee, in which the
Respondent Licensee consented to a
twelve (12) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. By con-sent,
the suspension was stayed and
the license was conditionally restored
following a three (3) month period
of active suspension. Respondent
Licensee consented to take a Level
I Building Code course offered by
the North Carolina Department of
Insurance or an equivalent course
dealing with the North Carolina State
Residential Building Code and submit
to the Board written proof of satisfac-tory
completion of the course within
twelve (12) months from the Effective
Date of the Order. Sydney L. Lewis,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Consent Orders
( Unlicensed Contractors )
Permanent Injunctions were obtained
by entry of a Consent Order in
Wake County Superior Court
concerning each of the following
unlicensed contractors who practiced
general contracting in an amount
of $30,000 or more, in violation of
N.C.G.S. § 87-13, but who agreed
to be enjoined, paid court costs
and service fees and cooperated
with the Board in the matter.
Peter Phelps d/b/a Sun Stuff
of Asheville (Buncombe County;
10C279). On April 30, 2009, Peter
Phelps contracted to install a swim-ming
pool kit as part of the construc-tion
of a new home in Weaverville.
The homeowner alleged that this
contract was for a cost in excess
of $30,000.00. Mr. Phelps denied
that he engaged in the unauthorized
practice of general contracting
but was willing to enter into the
Consent Order to resolve the case.
The parties agreed and stipulated
to the findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on November 14, 2011.
Gilbert Wayne Miller (Rowan County;
10C311). On July 27, 2010, Gilbert
Wayne Miller contracted to supervise
and manage the turn-key construction
of two homes in Rowan County, where
the cost of each home exceeded
$30,000.00. Mr. Miller was unaware
that his actions would be deemed
the unauthorized practice of general
contracting as a licensed general
contractor actually performed the
construction. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on November 18, 2011.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 11
Carolina Windows and Doors, Inc.
(Pitt County; 11C60). In May 2010,
Carolina Windows and Doors, Inc.
contracted with a homeowner to
supply doors, windows and labor
to create an office by enclosing a
deck on the second floor a home
located in Carteret County. The
scope of the project expanded, and
the company ultimately performed
the work to enclose the decks on
three stories of the home for a cost
in excess of $30,000.00. The com-pany
hired an engineer to inspect
the work and was unaware that its
actions would be considered the
unauthorized practice of general
contracting. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on December 9, 2011.
SunEnergy 1, LLC and SunEnergy
Solar Roofing LLC (Iredell County;
11C88). On November 22, 2010,
SunEnergy 1, LLC contracted with
Shoe Show, Inc. to install a 1.65 mega
watt rooftop Solar Photovoltaic sys-tem
on the rooftop of the Shoe Show,
Inc. distribution center in Concord
for a cost in excess of $30,000.00.
On December 22, 2010, SunEnergy
Solar Roofing LLC contracted with
Shoe Show, Inc. to construct a
725kW Solar Photovoltaic system
and replace approximately 106,000
square feet of roofing on a facility
located in Concord where the cost
exceeded $30,000.00. At the time of
the contract, the company employed
a licensed general contractor, but the
contract for the roofing with the cus-tomer
was not directly with this indi-vidual.
The companies were unaware
that their actions could be deemed
as unauthorized practice of general
contracting because SunEnergy Solar
Roofing LLC subcontracted some
of the work to a licensed general
contractor. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on December 9, 2011.
Gerald Wahl and Gerald Wahl
Construction, Inc. (Cabarrus County;
11C74). On March 23, 2011, Gerald
Wahl altered a license certificate
issued to “Marvin Martin Fleharty t/a
America’s Unique Homes” to read
“Marvin Martin Fleharty t/a Gerald
Wahl construction, Inc.” and submit-ted
the altered license certificate
to a member of the Neighborhood
Assistance Corporation of America
for approval to perform work.
Gerald Wahl instigated Gerald Wahl
Construction Inc.’s impersonation
of a licensed general contractor.
The parties agreed and stipulated
to the findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on December 16, 2011.
12 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Manchester Courts, LLC (South
Carolina; 09C318). Manchester
Courts, LLC was requested to pro-vide
pricing information for the
construction of four tennis courts
by the North Hills Club. On August
7, 2009, the company provided
said pricing information in alterna-tive
amounts exceeding $30,000.00.
The parties agreed and stipulated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on January 30, 2012.
Douglas Pinner (Buncombe County;
11C81). The Board contended that
Douglas Pinner contracted to move
a home he owned from Fletcher,
North Carolina to Mills River, North
Carolina and install and remodel the
home for a total cost of $155,400.00.
Mr. Pinner denied that he engaged in
the unauthorized practice of general
contracting but was willing to enter
into the Consent Order to resolve
the case. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on January 30, 2012.
Edward Holman and EC
Restoration, Inc. (Carteret County;
10C276). On December 28, 2009,
Edward Holman and EC Restoration,
Inc. contracted to repair and renovate
a home in Onslow County for a cost
in excess of $30,000.00. They denied
that they engaged in the unauthor-ized
practice of general contract-ing
but were willing to enter into the
Consent Order to resolve the case.
The parties agreed and stipulated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on June 12, 2012.
McNeill Water & Wastewater, Inc.
(Georgia; 09C161). On February 25,
2009, McNeill Water & Wastewater,
Inc. contracted to furnish and install
a precast concrete wastewater
treatment plant and perform site
related work for a cost in excess of
$30,000.00. The company denied
that it engaged in the unauthorized
practice of general contracting. The
parties agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order
was entered on July 11, 2012.
Larry Drum d/b/a Drum’s Metal
(Caldwell County; 11C185). Larry
Drum d/b/a Drum’s Metal agreed
to replace a roof on a commercial
building in Kings Mountain for a
cost of $48,500.00. Mr. Drum there-after
undertook the work. The par-ties
agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order
was entered on July 24, 2012.
Raymond Timber Homes, LLC
(Watauga County; 11C231). On July
13, 2009, Raymond Timber Homes,
LLC entered into a Residential
Construction Contract to construct a
home in Watauga County for a cost of
$800,000.00. The parties agreed and
stipulated to the above findings of fact
and agreed to be bound by the terms
of the Consent Order. A Consent
Order was entered on July 25, 2012.
Brad Miller and Greg Miller
d/b/a High Country Construction
Company; and V Form Incorporated
d/b/a High Country Construction
Company (Alleghany County;
11C139). On January 12, 2008,
Brad Miller, Greg Miller, and V Form
Incorporated provided an estimate to
renovate and repair a home in West
Jefferson for a cost of $143,884.61.
They thereafter undertook construc-tion
and were paid well in excess of
$30,000.00. The parties agreed and
stipulated to the above findings of fact
and agreed to be bound by the terms
of the Consent Order. A Consent
Order was entered on August 9, 2012.
Andrew Clay (Chowan County;
12C06). Andrew Clay provided an esti-mate
and undertook renovations to a
home in Edenton for a cost in excess
of $30,000.00. Mr. Clay believed that
the homeowner was acting as the
general contractor for the project. Mr.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 13
and $156,200.00 respectively. He
undertook the construction proj-ect
and was paid $175,000.00. The
parties agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on September 28, 2012.
Unlicensed Contractor
Cases — Injunctions
Permanent Injunctions were obtained
by entry of a Default Judgment or a
Summary Judgment in Wake County
Superior Court against each of the
unlicensed contractors listed below
for practicing general contracting in an
amount of $30,000 or more, in viola-tion
of N.C.G.S. § 87-13. In some
instances, the Sheriff was unable to
locate the contractors and/or Certified
Mail was not delivered, but the Board
effected service either by newspaper
publication or through the Secretary
of State; nevertheless, the contrac-tors
were enjoined from further prac-tice
of general contracting (including
bidding) in an amount of $30,000
or more until such time as he/she/
it becomes licensed by the Board.
Edward Matchem (Onslow County;
09C208). Edward Matchem con-tracted
to construct an addition
onto a home in Pender County
Clay denied that he engaged in the
unauthorized practice of general con-tracting.
The parties agreed and stipu-lated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on August 30, 2012.
Donald Wayne Willis d/b/a Willis
Enterprises (Pitt County; 12C45).
On October 7, 2011, Donald Wayne
Willis contracted to repair a storm
damaged home in Ayden for a
cost of $28,500.00. Thereafter,
Mr. Willis undertook the work and
was paid $30,700.00. The par-ties
agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on September 14, 2012.
Don Schneider d/b/a RGB
Construction (Mecklenburg County;
11C140). On November 2, 2010, Don
Schneider d/b/a RGB Construction
obtained a building permit to con-struct
an addition onto a home in
Matthews for a cost of $89,000.00. Mr.
Schneider listed Diamond Restoration,
LLC, a licensed general contractor, on
the building permit application for the
project without Diamond Restoration,
LLC’s consent. On November 4 and
5, 2010, Mr. Schneider submitted
“Contract/Proposals” to the home-owners
for costs of $149,700.00
and was paid $75,000.00 for work
performed. Default Judgment was
entered on December 7, 2010.
Don Coble d/b/a Alpha & Omega
Rooing Company (Alamance
County; 11C02). On June 22, 2010,
Don Coble contracted with the
Whitehall at Richland Creek Board
of Directors to reroof 47 condo-minium
units in 13 buildings for
a cost of $244,605.00. Mr. Coble
performed the work and was paid
$244,605.00. In 2008, a couple hired
Mr. Coble to repair hail damage to
their home and paid him $55,620.00
for the work. Default Judgment
was entered on January 3, 2012.
William Duke Gay, D & D Builders
of ILM, Inc., d/b/a D & D Builders,
Inc. and DG Builders of ILM, Inc.
d/b/a DG Builders, Inc. (New
Hanover County; 10C304, 10C306).
On November 29, 2010, William Duke
Gay contracted to oversee construc-tion
and monitor all subcontractors for
a fee of 10% of cost of construction
of a home which was estimated to be
$225,000.00. Mr. Gay used the license
of a licensed general contractor to
obtain the building permit without
the contractor’s knowledge. Mr. Gay
altered a license certificate to falsely
indicate that “DG Builder Inc.” was a
licensed general contractor. Pender
County revoked the building permit for
14 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
m e e e e !me
was entered on February 9, 2012.
Antonio Davis d/b/a T and T
Construction (Vance County;
11C23). Antonio Davis contracted
to renovate a church in Vass for
a cost of $55,000.00. After the
work was performed, the roof col-lapsed.
Default Judgment was
entered on February 9, 2012.
Donna K. Latta and Michael T.
Hunt aka Mike Latta d/b/a D & M
Painting & Remodeling (Granville
County; 11C106). On May 4, 2010
through September 18, 2010, Donna
K. Latta and Michael T. Hunt aka
Mike Latta d/b/a D & M Painting
& Remodeling undertook repairs
to a home in Durham for a cost of
$99,660.00. They also misrepresented
themselves as licensed general
contractors. Default Judgment was
entered on February 9, 2012.
Shaws Brothers, Inc. (Durham
County; 11C122). On May 6,
2011, Shaws Brothers, Inc. con-tracted
to repair storm damage
to a home in Raleigh for a cost of
$74,670.00. Default Judgment was
entered on February 9, 2012.
Ron Aderhold and RAD
Construction Management, Inc.
(Buncombe County; 10C290). On
March 17, 2010, RAD Construction
Management, Inc. contracted to
construct a home in Henderson
County for a cost of $315,000.00.
Ron Aderhold misrepresented that
RAD Construction Management,
Inc. was a licensed general con-tractor.
Default Judgment was
entered on February 9, 2012.
Stacey Brian Gaylord and
Affordable Log Home Concepts,
LLC (Nash County; 11C209). On
February 19, 2010, Stacey Brian
Gaylord and Affordable Log Home
Concepts, LLC entered into three
contracts to construct a log home in
Cherokee County for a total cost of
$90,620.05. Mr. Gaylord duped the
homeowner into obtaining the build-ing
permit for the home as an owner-builder.
Mr. Gaylord and Affordable
Log Home Concepts undertook the
work and were paid approximately
$88,000.00. However, they abandoned
the job well prior to completion and
failed to pay subcontractors for the
work performed, leaving the home-owners
with an unfinished home and
threats of liens. Default Judgment
was entered on August 30, 2012.
Helen B. Stallings and Stallings
Homes, Inc. (Rowan County
11C204). On February 2, 2011, Helen
B. Stallings signed a Construction
Contract agreeing to erect a modular
home, perform ancillary construction
and construct a garage for a cost
of $323,356.00. The Construction
Contract listed Stallings Homes, Inc.
as the builder; however, Stallings
Homes, Inc. had been dissolved six
months earlier. Helen B. Stallings used
a false license number to obtain the
building permit. Helen B. Stallings and
Stallings homes, Inc. was paid over
$200,000.00 before abandoning the
project without performing the major-ity
of the work. Default Judgment
was entered on October 4, 2012.
Spectrum Construction, Inc.
(Wake County 11C164). On January
21, 2011, Spectrum Construction, Inc.
submitted an estimate to construct
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 15
a metal garage, perform founda-tion
repairs, replace wood rot and
install HVAC and water and sewer
connections to a home in Raleigh
for a cost of $45,585.00. Spectrum
Construction, Inc. began work on the
project, performed shoddy work and
was paid $36,000.00 before aban-doning
the project. Default Judgment
was entered on November 8, 2012.
Gary Van Florcke and America’s
Powersport d/b/a America’s
Premier Builder (Jackson County
11C195). On October 15, 2010,
Gary Van Florcke and America’s
Premier Builder entered into a Cost-
Plus- Percentage-Fee Agreement to
construct a 3500 square foot home
in Jackson County. Defendant Van
Florcke used the license of a licensed
general contractor to obtain the
building permit for the project in an
apparent unlicensed joint venture. The
building permit stated the total cost of
the project at $500,000.00. Defendant
Van Florcke superintended and man-aged
the construction of the project.
Defendant Van Florcke and America’s
Premier Builder abandoned the proj-ect
after unsuccessfully demanding
more funds from the homeowner. By
that time, the homeowner had paid
Defendants $437,368.46, and the
project was only 40-50% complete
and had not passed certain Jackson
County inspections. On April 12, 2011,
Defendant Van Florcke applied for a
building permit as an owner-builder
to construct a 1596 square foot home
in Jackson County for a total cost of
$150,000.00. Defendant Van Florcke
executed an Affidavit in connection
with the permit which he affirmatively
stated his intent to retain the home
exclusively for his own use for a mini-mum
of one year after completion and
that he was not building a speculation
project with the intention of selling the
project once completed. On April 25,
2011, Defendant Van Florcke listed the
“Brand new home to be constructed”
for sale with Keller Williams Realty
for a price of $265,000.00.
Voluntary Surrenders
Boston/South Investments, Inc.
(Henderson Co.; 10C289, 12C40)
License No. 47685 – On February
29, 2012, Edward McGinnis, of
Boston/South Investments, Inc.
voluntarily surrendered the cor-porate
license to the Board. The
Board considers surrender of
license as permanent revocation.
Brunswick Building & Design Group,
Inc. (Brunswick Co.; 11C127) License
No. 56075 – On March 7, 2012, Grady
F. Watkins, Jr., of Brunswick Building
& Design Group, Inc. voluntarily sur-rendered
the corporate license to the
Board. The Board considers surrender
of license as permanent revocation.
Dolph & S. W. Silvers Construction
(Yancey Co.; 11C107) License No.
13764 – On September 4, 2012,
S.W. Silvers of Dolph & S.W. Silvers
Construction surrendered the cor-porate
license and his examina-tion
credentials to the Board. The
Board considers surrender of
license and examination creden-tials
as permanent revocation.
DDW, Inc. (Chatham Co.; 12C84)
License No. 52854 – On September
4, 2012, David H. Daniel, of DDW,
Inc, voluntarily surrendered the
corporate license to the Board.
The Board considers surrender of
license as permanent revocation.
Mark A. Williamson (Pender Co.;
10C288) – On November 16, 2012,
Mark A. Williamson surrendered
his examination credentials to the
Board. The Board considers sur-render
of examination creden-tials
as permanent revocation.
Unlicensed Contractors
Subject to Contempt
Sanctions
Criminal Contempt Case
On December 16, 2002, Wake
County Superior Court entered
a Consent Order which enjoined
Jamie Sanders d/b/a JS Drafting &
Construction from practicing general
contracting in North Carolina unless
and until such time as he was
properly licensed.
In August 2008, Mr. Sanders
contracted to construct a new church
in Raeford for a cost of $200,000.00.
He was paid $89,588.12 for work
performed. Mr. Sanders willfully failed
to comply with the December 2002
Consent Order in that he contracted
for and undertook construction
where the cost exceeded $30,000.00
without first obtaining a valid license.
Mr. Sanders acknowledged that
he was perpetually enjoined and
restrained from practicing general
contracting in North Carolina unless
and until such time as he was issued
a contractor’s license.
In a Consent Order signed by a
Wake County Superior Court Judge
on April 10, 2012, Mr. Sanders was
found guilty of Civil Contempt of
Court of the Court’s December 16,
2002 Order and agreed to make
restitution to the church by paying the
church $5,000.00 in order to purge
himself of the contempt.
NASCLA
North Carolina General Contractors Guide To Business,
Law And Project Management Order Form
23309 N. 17th Drive, Suite 110 • Phoenix, Arizona 85027 • (623) 587-9519
T
o o"
der a copy of the North Carolina General Contractors Guide to Business, Law and Project Management, please complete the order form below, submit a check
for the total order amount – payable to NASCLA Publications, Inc.
For credit card orders — Visa, MasterCard, Discover or American Express — mail the completed form to the address above or order by: Phone (623) 587-9519, Fax
(623) 587-9625 or Online @ www.nascla.org.
Ship To:
Name
Company
Mailing Address
City State Zip
Telephone/Fax
Method of Payment:
Enclosed check to NASCLA Visa
MasterCard Amex Discover
Card #
Expiration Date
Name on Card
Signature
Please send copy(ies) of the North Carolina General Contractors
Guide to Business, Law and Project Management @ $45.00 each
Shipping is $12 for one book, $6 for each additional book
$
$
TOTAL $
NORTH CAROLINA LICENSING BOARD
FOR GENERAL CONTRACTORS
PRSRT STD
US POSTAGE
PAID
RALEIGH, NC
PERMIT # 1230
PO BOX 17187
Raleigh, NC 27619

NORTH CAROLINA LICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Paul, Barnhill Reappointed to Licensing Board
Governor Beverly Eaves Perdue has reappointed Allen Barnhill and Cleve Paul
to the Licensing Board for second five-year terms. Mr. Paul’s term expires
December 31, 2016 and Mr. Barnhill’s term ends December 31, 2017.
Mr. Paul, who was elected Chairman of the Licensing Board at the April
2012 meeting, has over 45 years experience in the construction industry,
including estimating, field operations, contract administration and cost
accounting. He received his BS degree in Business Administration from East
Carolina University in 1970. In 1977, he joined D.S. Simmons, Inc., a Goldsboro
commercial construction firm and was named Vice President in 1980. In 1989,
he was named D.S. Simmons’ President and CEO. Mr. Paul is currently a
member and officer with Carolinas Associated General Contractors and was
Chairman and Vice Chairman of the NC State Building Commission. He is a
member of the advisory board of the Construction Management Program at
East Carolina University. Mr. Paul serves as the commercial building contractor
designated member of the Licensing Board.
(CONTINUED ON PAGE 2)
(CONTINUED ON PAGE 2)
LICENSING BOARD CALENDAR
January 1, 2013
New Year’s Day
Board Office Closed
January 21, 2013
Martin Luther King Jr.’s Birthday
Board Office Closed
January 23, 2013
Regular Board Meeting
March 29, 2013
Good Friday
Board Office Closed
April 10, 2013
Regular Board Meeting
May 27, 2013
Memorial Day
Board Office Closed
July 4, 2013
Independence Day
Board Office Closed
July 17, 2013
Regular Board Meeting
September 2, 2013
Labor Day
Board Office Closed
October 9, 2013
Regular Board Meeting
( Board Meeting dates are subject to change )
New Rule Applicable to Limited License Applicants
Amended Rule Provides Alternative
Financial Responsibility Standard
REPORT
WINTER 2013
DISCIPLINARY ACTION (INCLUDING DEFINITIONS) 4
CONSENT ORDERS (LICENSEES) 6
UNLICENSED CONTRACTOR CASES — INJUNCTIONS 13
UNLICENSED CONTRACTOR CASE—CONTEMPT 15
FINAL DECISIONS 4
CONSENT ORDERS (UNLICENSED) 10
VOLUNTARY SURRENDERS 15
NORTH CAROLINA LICENSING BOARD
FOR GENERAL CONTRACTORS
A rule approved by the NC Rules Review Commission in October 2012 will
provide applicants for a limited license an alternative means to demonstrate
financial responsibility to the Board. The new rule takes effect on April 1, 2013,
at which time “total net worth” may be used by limited license applicants (for
original license or renewal) as an alternative to the current working capital stan-dard.
Once the rule becomes effective, limited license applicants may meet the
statutory requirement to demonstrate financial responsibility by using net worth
in lieu of working capital. The threshold or minimum net worth required in order
to demonstrate financial responsibility using this standard will be $80,000.
2 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Mr. Barnhill, a Tarboro native, joined Barnhill Contracting Company in 1977.
In 2006 he became Senior Vice President of Barnhill Contracting and manages
all aspects of the grading and paving operations of the Tarboro/Rocky Mount,
Northeast and Brunswick divisions of Barnhill. He is a graduate of North
Carolina State University where he earned a degree in Civil Engineering.
Barnhill is a member of the Carolinas Asphalt Paving Association and
Carolinas Associated General Contractors. He is also a past member of the
North Carolina Sedimentation Control Commission. Mr. Barnhill serves as the
highway contractor designated member of the Licensing Board.
5400 Creedmoor Road
P.O. Box 17187
Raleigh, NC 27619
Phone: 919.571.4183
Fax: 919.571.4703
www.nclbgc.org
BOARD MEMBERS
Cleve Paul, Chairman, Goldsboro
Leslie Silverstein, Vice-Chairman, Raleigh
Allen Barnhill, Tarboro
Rex Bost, Cary
Bobby Lasater, P.E., Cary
Susan J. Monroe, Fayetteville
Jerry Smith, Goldsboro
Larry Watson, Blowing Rock
Carl E. Worsley, Nags Head
ADMINISTRATION
Mark Selph, Secretary-Treasurer
Nancy G. Routh, Associate
Sec.-Treasurer
Frances McDonald, Licensing Manager
Debbie Price, Administrative Assistant
Cherie Sutton, License
Renewal Manager
Connie Bartlett, Recovery
Fund/Renewals
Brenda Spence, Reception
Pam Tew, Licensing
Mozelle Hicks, Renewals
Amanda Carter, Licensing
INVESTIGATIONS
Susan Sullivan,
Complaints Administrator
Michael Silver, Senior Inv., Western
Joel Macon, Field Inv/South Coastal
Mike Brown, Field Inv/North Coastal
Kenneth McCombs, Field Inv/
South Central
Curtis Huff, Field Inv/North Central
NORTH CAROLINA
LICENSING BOARD
FOR GENERAL
CONTRACTORS
Paul, Barnhill Reappointed
(CONTINUED FROM PAGE 1)
Amended Rule
(CONTINUED FROM PAGE 1)
New Delivery Address
for Applications,
License Renewals
With the Board’s recent office relocation,
the physical address for mailing or
delivering applications, annual renewals
or correspondence to the Licensing Board
has changed. The new address is 5400
Creedmoor Road, Raleigh, NC 27612. The
Board’s post office box (P.O. Box 17187,
Raleigh, NC 27619) remains the same.
The Board’s fax number (919.571.4703)
and main number (919.571-4183) also
have not changed.
For the most recent changes, news or
forms, please visit the Board’s website,
www.nclbgc.org. The website offers
current versions of the Board’s publications,
laws, application forms and Homeowners
Recovery Fund claim forms.
N o rt h Ca r olin a L icens in g Bo ard
f or G en e r al C ontrac to r s
North
Carolina
General
Contractor
Licensing
Statutes
Homeowners
Recovery
Fund
Laws
Regulations
for
Contractors
North
Carolina
Administrative
Code
20 12
L aws a nd
Regula tions
Applicable to
General
Cont racting in
t he State of
Nor th Carolina
􀀀􀀀
TION
FOR
LICENSE TO PRACTICE GENERAL CONTRACTING
IN THE
STATE OF NORTH CAROLINA
Name of
Applicant________________________________________________________________________________________________________________________
(Exact name in which license is to be issued,i.e.,corporation,partnership,individual,proprietorship)
Applicant’s Street
Address or P.O.Box______________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________
City State Zip
County__________________________________________________________ Telephone Number_________________________________________
E-mail Address (Opational)________________________________________________________________________
For Office Use Only
Information on this application must be typewritten or completed in dark ink. Facsimile copies or
reproductions of this application formor attachments will not be accepted.
A1
( )
Attach Check Here
2011
Current licensing board financial responsibility rules for limited license holders
require that an applicant’s working capital be at least seventeen thousand dol-lars
($17,000). Rule .0204(a)(2) defines the amount of working capital as total
current assets minus total current liabilities.
The new rule, 21 NCAC 12.0204, is published on the Licensing Board’s website
at www.nclbgc.org.
Click on ‘Laws and Regulations’ to view amended .0204.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 3
The Licensing Board for General Contractors’ office building in Raleigh has achieved LEED (Leadership in Energy and
Environmental Design) certification as verified by the U.S. Green Building Council in September. The building earned the
Gold level of certification established by the U.S. Green Building Council, based on the building’s final approved points
earned under the LEED for New Construction rating system.
The Board occupied the completed 20,000 square foot building in October 2010.
Building projects earn LEED certification based on a new construction checklist and credits evaluated and reviewed
under the LEED Green Building Rating System. LEED certification is widely identified as an example of sustainable
design in the building industry.
LEED Gold Certification for Board Headquarters Building
4 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Combs Construction, LLC and
Albert Allen Combs, as Qualifier
(Henderson County; 10 C 236)
License No. 38689. A disciplinary
hearing was conducted on May 9,
2012 and the Final Decision was
entered on May 14, 2012. Combs
Construction, Inc. was issued a lim-ited
residential license on March 18,
1997. The limitation was increased
to unlimited on July 26, 2006. The
license converted from a corpora-tion
to an LLC on February 1, 2007,
and the classification was changed
to building on February 7, 2007. The
license was last renewed on January
2, 2010 and is currently invalid. The
Board, after considering the testi-mony
and exhibits presented during
the hearing, found that the actions
of the Respondent Licensee consti-tute
misconduct in the practice of
general contracting. The actions of
Respondent Licensee are directly
attributable to and/or were com-mitted
by Respondent Qualifier and
constitute misconduct in the practice
of general contracting. The actions of
Respondent Licensee constitute fraud
and deceit in obtaining a license. The
actions of Respondent Licensee are
directly attributable to Respondent
Qualifier and constitute fraud and
deceit in obtaining a license. The
license of the Respondent Licensee
and Respondent Qualifier’s ability to
act as a qualifying party for a license
to practice general contracting for
any co-partnership, corporation
Disciplinary Action
(The following Board Orders and other Board disciplinary actions reported here are not a complete summary of all
activity or a full representation of each case. Every effort is made for accuracy, but such is not guaranteed. Questions or
requests for additional information about specific cases should be referred to the Board’s Legal Section.)
Consent Order: An order of the Board resulting from
an agreement between the Board and a licensee
regarding the revocation or suspension of the license
to practice general contracting, or the conditions,
limitations or restrictions placed on that license. This
is a method of resolving or settling disciplinary or
contested cases in lieu of a disciplinary hearing.
Revocation: A Board action which permanently
terminates a license by effectively withdrawing that
license to practice general contracting.
Suspension: A Board action which inactivates a
license to practice general contracting for a set period
of time.
Dismissal/Voluntary Dismissal: A Board action
dismissing a contested case, resulting in no disciplin-ary
action against the licensee or Respondent.
Voluntary Surrender: A licensee’s relinquishing or
tendering of the license to practice general contracting,
pending an investigation or other action by the Board.
Reprimand: A Board action wherein the licensee and/
or qualifier is/are reprimanded for disciplinary pur-poses.
The Reprimand becomes a permanent record
in the file and is subject to approval by the licensee/
qualifier in lieu of being referred to the full Board for
formal proceedings.
Admission of Violation: A document signed by a
licensee who admits to the stated violations, agrees
not to repeat them, but acknowledges that the Board
may use the document against the licensee prospec-tively
should such action become necessary.
Injunction: A Superior Court order entered against an
unlicensed contractor who is illegally practicing general
contracting. Such an order stops the illegal practice
and can be obtained by consent of a cooperating
contractor or by default judgment; violation of the
injunction is contempt of court.
Code: Provisions of the North Carolina State Build-ing
Code (Residential/Vol. VII and previous editions;
General Construction/Vol. I).
Definitions
Final Decisions
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 5
or any other organization or com-bination,
are hereby revoked.
Eddie Carroll Hudson and Eddie
Carroll Hudson, as Qualiier
(Buncombe County, 10 C 310)
License No. 14658. A disciplinary
hearing was conducted on February
8, 2012 and the Final Decision was
entered on February 16, 2012. Eddie
Carroll Hudson was issued a limited
residential license on January 19,
1983. The license was last renewed
on January 1, 2010 and is currently
invalid. The Board, after considering
the testimony and exhibits presented
during the hearing, found that the
actions of the Respondent Licensee
constitute gross negligence, incom-petency,
and/or misconduct in the
practice of general contracting. The
actions of Respondent Licensee are
directly attributable to and/or were
committed by Respondent Qualifier
and constitute gross negligence,
incompetency, and/or misconduct
in the practice of general contract-ing.
The license of the Respondent
Licensee and Respondent Qualifier’s
ability to act as a qualifying party for
a license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Michael Shew t/a Michael Shew
Construction and Michael Lloyd
Shew, as Qualiier (Caldwell County,
10 C 243) License No. 57511. A dis-ciplinary
hearing was conducted on
May 9, 2012 and the Final Decision
was entered on May 14, 2012. Combs
Construction, Inc. was issued a
limited residential license on April 11,
2005. The license was last renewed
on October 20, 2010 and is currently
invalid. The Board, after consider-ing
the testimony and exhibits pre-sented
during the hearing, found
that the actions of the Respondent
Licensee constitute misconduct in
the practice of general contracting.
The actions of Respondent Licensee
are directly attributable to and/or
were committed by Respondent
Qualifier and constitute misconduct
in the practice of general contract-ing.
The license of the Respondent
Licensee and Respondent Qualifier’s
ability to act as a qualifying party for
a license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Reeger Builders, Inc. and Richard
Bennett Reeger, as Qualiier
(Gaston County, 10 C 79) License
No. 19315. A disciplinary hearing
was conducted on November 9,
2011 and the Final Decision was
entered on February 16, 2012. Reeger
Builders, Inc. was issued a limited
residential license on November 20,
1985. The limitation was increased
to intermediate on January 20, 1988.
The license was last renewed on
January 25, 2010 and is currently
invalid. The Board, after consider-ing
the testimony and exhibits pre-sented
during the hearing, found
that the actions of the Respondent
Licensee constitute misconduct. The
actions of Respondent Licensee are
directly attributable to and/or were
committed by Respondent Qualifier
and constitute misconduct. The
license of the Respondent Licensee
and Respondent Qualifier’s abil-ity
to act as a qualifying party for a
license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Southern Appalachian Builders,
Inc. and Brandon Curtis Wilson, as
Qualiier (Macon County, 09 C 171)
License No. 64594. A disciplinary
hearing was conducted on February
8, 2012 and the Final Decision
was entered on February 16, 2012.
Southern Appalachian Builders, Inc.
6 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
w
on October 4, 2007. The license was
last renewed on January 30, 2009 and
is currently invalid. The Board, after
considering the testimony and exhibits
presented during the hearing, found
that the actions of the Respondent
Licensee constitute gross negligence,
incompetency, and/or misconduct in
the practice of general contracting.
The actions of Respondent Licensee
are directly attributable to and/or were
committed by Respondent Qualifier
and constitute gross negligence,
incompetency, and/or misconduct
in the practice of general contract-ing.
The license of the Respondent
Licensee and Respondent Qualifier’s
ability to act as a qualifying party for
a license to practice general contract-ing
for any co-partnership, corpo-ration
or any other organization or
combination, are hereby revoked.
Consent Orders
( Licensees )
B. Moore Construction, Inc. and
Gary Bradford Moore, Jr. and
Stephen Robert Ruhl, as Qualifiers
(Mecklenburg County, 11 C 155)
License No. 61461. On July 18, 2012,
the Board entered into a Consent
Order with B. Moore Construction,
Inc., as Respondent Licensee, in
which the Respondent Licensee
consented that the license be rep-rimanded.
Gary Bradford Moore,
Jr. as Qualifier, and Stephen Robert
Ruhl, as Qualifier each signed a
Statement of Consent agreeing to
the same terms and conditions set
forth in the Consent Order con-sented
to by Respondent Licensee.
David Earl Jones and David Earl
Jones, as Qualiier (Hertford County,
09 C 259) License No. 63771. On
January 25, 2012, the Board entered
into a Consent Order with David Earl
Jones, as Respondent Licensee,
in which the Respondent Licensee
consented to a period of suspen-sion
of twelve (12) months com-mencing
upon the Effective Date
of the Consent Order. By consent,
the suspension was stayed and the
license was conditionally restored fol-lowing
a six (6) month period of active
suspension. Respondent Licensee
consented to take the Contractor
Education Services, LLC course and
submit to the Board written proof of
satisfactory completion of the course
within one (1) year from the Effective
Date of the Order. David Earl Jones,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Derrick M. Bennett and Derrick M.
Bennett, as Qualiier (Bertie County,
11 C 61) License No. 54575. On
October 10, 2012, the Board entered
into a Consent Order with Derrick M.
Bennett, as Respondent Licensee, in
which the Respondent Licensee con-sented
to a twelve (12) month suspen-sion
to commence upon the Effective
Date of the Order. With consent of
Respondent Licensee, the suspension
was conditionally restored following a
sixty (60) day period of active suspen-sion
which shall commence on the
Effective Date of the Consent Order.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 7
The Board also entered into a Consent
Order with Derrick M. Bennett, as
Qualifier, in which he consented to a
twelve (12) month suspension of his
examination credentials commenc-ing
upon the Effective Date of the
Order. With consent of Respondent
Qualifier, the suspension was condi-tionally
restored following a sixty (60)
day period of active suspension which
shall commence on the Effective Date
of the Consent Order. Respondent
Licensee and Respondent Qualifier
consented to take course BM201
entitled “Basic Business Planning”
offered by the NC Homebuilders
Association, Home Builders Institute
and submit to the Board written
proof of satisfactory completion of
the course within one (1) year from
the Effective Date of the Order.
Eagle Crest Construction, Inc.
and Nicholas James Shelton, as
Qualiier (Guilford County, 10 C 120
and 10 C 165) License No. 46776.
On January 25, 2012, the Board
entered into a Consent Order with
Eagle Crest Construction, Inc., as
Respondent Licensee, in which the
Respondent Licensee consented to its
license being admonished. Nicholas
James Shelton, as Respondent
Qualifier, entered into a Consent
Order in which he consented to
his examination credentials being
admonished. Respondent Licensee
and Respondent Qualifier consented
to take a Contractor’s Business
Management Course offered by the
Contractor’s Education Services,
LLC and submit to the Board writ-ten
proof of satisfactory completion
of the course within one (1) year
from the effective date of the Order.
Hinson Custom Homes, Inc. and
John David Hinson, Jr., as Qualiier
(Orange County, 10 C 140) License
No. 56202. On January 25, 2012, the
Board entered into a Consent Order
with Hinson Custom Homes, Inc., as
Respondent Licensee, in which the
Respondent Licensee consented to
a twelve (12) month suspension to
commence upon the Effective Date of
the Order. The Respondent Licensee
consented to a stay of the suspen-sion
and the licensee was condition-ally
restored. The Board also entered
into a Consent Order with John David
Hinson, Jr., as Qualifier, in which he
consented to a twelve (12) month sus-pension
of his examination credentials
commencing upon the Effective Date
of the Order. The suspension was
stayed and the examination creden-tials
were conditionally restored.
Insight Development, LLC and John
Edward Evans, Jr., as Qualiier
(Pender County, 10 C 305) License
No. 69086. On April 11, 2012, the
Board entered into a Consent Order
with Insight Development, LLC, as
Respondent Licensee, in which the
Respondent Licensee consented
to a twenty-four (24) month period
of suspension commencing upon
the Effective Date of the Consent
Order. By consent, the suspension
8 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
was stayed and the license was
conditionally restored following a
one (1) month period of active sus-pension.
Respondent Licensee
consented to take a Contractor’s
Business Management Course
offered by the Contractor’s Education
Services, LLC and submit to the
Board written proof of satisfactory
completion of the course within 12
months from the effective date of
the Order. John Edward Evans, Jr.,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
James Frederick Davis and James
Frederick Davis, as Qualiier
(Transylvania County, 10 C 244)
License No. 12156. On April 11, 2012,
the Board entered into a Consent
Order with James Frederick Davis,
as Respondent Licensee, in which
the Respondent Licensee consented
to a twelve (12) month period of
suspension commencing upon the
Effective Date of the Consent Order.
By consent, the suspension was
stayed and the license condition-ally
restored. Respondent Licensee
consented to take a Contractor’s
pay jointly with all other Respondents
$2,000.00 cost recovery to the Board.
Lee F. Cowper, as Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensees.
Michael Maneth t/a Great Smoky
Mountains Builders and Michael
Maneth, as Qualiier (Macon County,
10 C 69 and 10 C 75) License No.
48708. On April 11, 2012, the Board
entered into a Consent Order with
Michael Maneth t/a Great Smoky
Mountains Builders, Respondent
Licensee, in which the Respondent
Licensee consented to a twelve (12)
month period of suspension com-mencing
upon the Effective Date of
the Consent Order. With Respondent
Licensee’s consent, the suspension
was conditionally restored follow-ing
a four (4) month period of active
suspension. The Board entered into a
Consent Order with Michael Maneth,
as Qualifier, in which he consented
to a twelve (12) month suspension of
his examination credentials begin-ning
the Effective Date of the Consent
Order. With Respondent Qualifier’s
consent, the examination creden-tials
were conditionally restored
Business Management Course
offered by the Contractor’s Education
Services, LLC and submit to the
Board written proof of satisfactory
completion of the course within 12
months from the Effective Date of
the Order. James Frederick Davis,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Lee Fitzgerald Cowper, Lee F.
Cowper, Inc. and Lee F. Cowper,
as Qualiier (New Hanover County,
11 C 22) License No. 34057 (Lee F.
Cowper Inc.) and License No. 15352
(Lee Fitzgerald Cowper). On July
18, 2012, the Board entered into a
Consent Order in which Respondent
Licensees 34057 and 15352 con-sented
to a twenty-four (24) month
period of suspension commenc-ing
upon the Effective Date of the
Consent Order. With the Consent of
Respondent Licensees, the suspen-sion
was conditionally restored fol-lowing
a six (6) month period of active
suspension. Within six (6) months
from the Effective Date of the Consent
Order and pursuant to G.S. 87-11(e),
Respondent Licensee consented to
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 9
following a four (4) month period of
active suspension. Within twelve
(12) months of the Effective Date
of the Consent Order, Respondent
Licensee and Respondent Qualifier
consented to pay $500.00 cost
recovery to the Board and take a
Contractor’s Business Management
Course offered by the Contractor’s
Education Services, LLC and submit
to the Board written proof of satis-factory
completion of the course.
Parker Custom Building, Inc.
and Robert F. Parker, as Qualiier
(Vance County, 11 C 48) License No.
60437. On October 10, 2012, the
Board entered into a Consent Order
with Parker Custom Building, Inc.,
as Respondent Licensee, in which
Respondent Licensee consented to
a six (6) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. Within
180 days from the Effective Date
of this Consent Order, Respondent
Licensee consented to pay jointly
with all parties $1,000.00 cost recov-ery
to the Board. Robert F. Parker,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Scott Mathis and Scott Mathis, as
Qualiier (Transylvania County, 10
C 315) License No. 61288. On April
11, 2012, the Board entered into a
Consent Order with Scott Mathis, as
Respondent Licensee, in which the
Respondent Licensee consented to a
twelve (12) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. By con-sent,
the suspension was stayed and
the license was conditionally restored.
Respondent Licensee consented
to take a Contractor’s Business
Management Course offered by the
Contractor’s Education Services,
LLC and submit to the Board writ-ten
proof of satisfactory comple-tion
of the course within 12 months
from the Effective Date of the Order.
Scott Mathis, as Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Sifford Construction, LLC and
Robert Neal Sifford, as Qualiier
(Rowan County, 11 C 13) License
No. 62396. On July 18, 2012, the
Board entered into a Consent Order
with Sifford Construction, LLC, as
Respondent Licensee, in which the
Respondent Licensee consented to a
twelve (12) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. By con-sent,
the suspension was stayed and
the license was conditionally restored.
Respondent Licensee consented to
take the following two (2) courses
offered by the NC Builder Institute:
BM104 – Construction Contracts and
Preventative Law (8 hours) and LD
302 – Ethics and Principles: Liabilities
or Assets (8 hours) and submit to
the Board written proof of satisfac-tory
completion of the course within
twelve (12) months from the Effective
Date of the Order. Robert Neal Sifford,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Sydney L. Lewis t/a Lewis and
Lewis Builders and Sydney L.
Lewis, as Qualiier (Rowan County,
11 C 09) License No. 39664. On July
18, 2012, the Board entered into a
10 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Consent Order with Sydney L. Lewis
t/a Lewis and Lewis Builders, as
Respondent Licensee, in which the
Respondent Licensee consented to a
twelve (12) month period of suspen-sion
commencing upon the Effective
Date of the Consent Order. By con-sent,
the suspension was stayed and
the license was conditionally restored
following a three (3) month period
of active suspension. Respondent
Licensee consented to take a Level
I Building Code course offered by
the North Carolina Department of
Insurance or an equivalent course
dealing with the North Carolina State
Residential Building Code and submit
to the Board written proof of satisfac-tory
completion of the course within
twelve (12) months from the Effective
Date of the Order. Sydney L. Lewis,
as Respondent Qualifier, entered
into a Consent Order agreeing to
the same terms as those consented
to by the Respondent Licensee.
Consent Orders
( Unlicensed Contractors )
Permanent Injunctions were obtained
by entry of a Consent Order in
Wake County Superior Court
concerning each of the following
unlicensed contractors who practiced
general contracting in an amount
of $30,000 or more, in violation of
N.C.G.S. § 87-13, but who agreed
to be enjoined, paid court costs
and service fees and cooperated
with the Board in the matter.
Peter Phelps d/b/a Sun Stuff
of Asheville (Buncombe County;
10C279). On April 30, 2009, Peter
Phelps contracted to install a swim-ming
pool kit as part of the construc-tion
of a new home in Weaverville.
The homeowner alleged that this
contract was for a cost in excess
of $30,000.00. Mr. Phelps denied
that he engaged in the unauthorized
practice of general contracting
but was willing to enter into the
Consent Order to resolve the case.
The parties agreed and stipulated
to the findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on November 14, 2011.
Gilbert Wayne Miller (Rowan County;
10C311). On July 27, 2010, Gilbert
Wayne Miller contracted to supervise
and manage the turn-key construction
of two homes in Rowan County, where
the cost of each home exceeded
$30,000.00. Mr. Miller was unaware
that his actions would be deemed
the unauthorized practice of general
contracting as a licensed general
contractor actually performed the
construction. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on November 18, 2011.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 11
Carolina Windows and Doors, Inc.
(Pitt County; 11C60). In May 2010,
Carolina Windows and Doors, Inc.
contracted with a homeowner to
supply doors, windows and labor
to create an office by enclosing a
deck on the second floor a home
located in Carteret County. The
scope of the project expanded, and
the company ultimately performed
the work to enclose the decks on
three stories of the home for a cost
in excess of $30,000.00. The com-pany
hired an engineer to inspect
the work and was unaware that its
actions would be considered the
unauthorized practice of general
contracting. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on December 9, 2011.
SunEnergy 1, LLC and SunEnergy
Solar Roofing LLC (Iredell County;
11C88). On November 22, 2010,
SunEnergy 1, LLC contracted with
Shoe Show, Inc. to install a 1.65 mega
watt rooftop Solar Photovoltaic sys-tem
on the rooftop of the Shoe Show,
Inc. distribution center in Concord
for a cost in excess of $30,000.00.
On December 22, 2010, SunEnergy
Solar Roofing LLC contracted with
Shoe Show, Inc. to construct a
725kW Solar Photovoltaic system
and replace approximately 106,000
square feet of roofing on a facility
located in Concord where the cost
exceeded $30,000.00. At the time of
the contract, the company employed
a licensed general contractor, but the
contract for the roofing with the cus-tomer
was not directly with this indi-vidual.
The companies were unaware
that their actions could be deemed
as unauthorized practice of general
contracting because SunEnergy Solar
Roofing LLC subcontracted some
of the work to a licensed general
contractor. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on December 9, 2011.
Gerald Wahl and Gerald Wahl
Construction, Inc. (Cabarrus County;
11C74). On March 23, 2011, Gerald
Wahl altered a license certificate
issued to “Marvin Martin Fleharty t/a
America’s Unique Homes” to read
“Marvin Martin Fleharty t/a Gerald
Wahl construction, Inc.” and submit-ted
the altered license certificate
to a member of the Neighborhood
Assistance Corporation of America
for approval to perform work.
Gerald Wahl instigated Gerald Wahl
Construction Inc.’s impersonation
of a licensed general contractor.
The parties agreed and stipulated
to the findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on December 16, 2011.
12 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
Manchester Courts, LLC (South
Carolina; 09C318). Manchester
Courts, LLC was requested to pro-vide
pricing information for the
construction of four tennis courts
by the North Hills Club. On August
7, 2009, the company provided
said pricing information in alterna-tive
amounts exceeding $30,000.00.
The parties agreed and stipulated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on January 30, 2012.
Douglas Pinner (Buncombe County;
11C81). The Board contended that
Douglas Pinner contracted to move
a home he owned from Fletcher,
North Carolina to Mills River, North
Carolina and install and remodel the
home for a total cost of $155,400.00.
Mr. Pinner denied that he engaged in
the unauthorized practice of general
contracting but was willing to enter
into the Consent Order to resolve
the case. The parties agreed and
stipulated to the findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on January 30, 2012.
Edward Holman and EC
Restoration, Inc. (Carteret County;
10C276). On December 28, 2009,
Edward Holman and EC Restoration,
Inc. contracted to repair and renovate
a home in Onslow County for a cost
in excess of $30,000.00. They denied
that they engaged in the unauthor-ized
practice of general contract-ing
but were willing to enter into the
Consent Order to resolve the case.
The parties agreed and stipulated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on June 12, 2012.
McNeill Water & Wastewater, Inc.
(Georgia; 09C161). On February 25,
2009, McNeill Water & Wastewater,
Inc. contracted to furnish and install
a precast concrete wastewater
treatment plant and perform site
related work for a cost in excess of
$30,000.00. The company denied
that it engaged in the unauthorized
practice of general contracting. The
parties agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order
was entered on July 11, 2012.
Larry Drum d/b/a Drum’s Metal
(Caldwell County; 11C185). Larry
Drum d/b/a Drum’s Metal agreed
to replace a roof on a commercial
building in Kings Mountain for a
cost of $48,500.00. Mr. Drum there-after
undertook the work. The par-ties
agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order
was entered on July 24, 2012.
Raymond Timber Homes, LLC
(Watauga County; 11C231). On July
13, 2009, Raymond Timber Homes,
LLC entered into a Residential
Construction Contract to construct a
home in Watauga County for a cost of
$800,000.00. The parties agreed and
stipulated to the above findings of fact
and agreed to be bound by the terms
of the Consent Order. A Consent
Order was entered on July 25, 2012.
Brad Miller and Greg Miller
d/b/a High Country Construction
Company; and V Form Incorporated
d/b/a High Country Construction
Company (Alleghany County;
11C139). On January 12, 2008,
Brad Miller, Greg Miller, and V Form
Incorporated provided an estimate to
renovate and repair a home in West
Jefferson for a cost of $143,884.61.
They thereafter undertook construc-tion
and were paid well in excess of
$30,000.00. The parties agreed and
stipulated to the above findings of fact
and agreed to be bound by the terms
of the Consent Order. A Consent
Order was entered on August 9, 2012.
Andrew Clay (Chowan County;
12C06). Andrew Clay provided an esti-mate
and undertook renovations to a
home in Edenton for a cost in excess
of $30,000.00. Mr. Clay believed that
the homeowner was acting as the
general contractor for the project. Mr.
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 13
and $156,200.00 respectively. He
undertook the construction proj-ect
and was paid $175,000.00. The
parties agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on September 28, 2012.
Unlicensed Contractor
Cases — Injunctions
Permanent Injunctions were obtained
by entry of a Default Judgment or a
Summary Judgment in Wake County
Superior Court against each of the
unlicensed contractors listed below
for practicing general contracting in an
amount of $30,000 or more, in viola-tion
of N.C.G.S. § 87-13. In some
instances, the Sheriff was unable to
locate the contractors and/or Certified
Mail was not delivered, but the Board
effected service either by newspaper
publication or through the Secretary
of State; nevertheless, the contrac-tors
were enjoined from further prac-tice
of general contracting (including
bidding) in an amount of $30,000
or more until such time as he/she/
it becomes licensed by the Board.
Edward Matchem (Onslow County;
09C208). Edward Matchem con-tracted
to construct an addition
onto a home in Pender County
Clay denied that he engaged in the
unauthorized practice of general con-tracting.
The parties agreed and stipu-lated
to the above findings of fact and
agreed to be bound by the terms of
the Consent Order. A Consent Order
was entered on August 30, 2012.
Donald Wayne Willis d/b/a Willis
Enterprises (Pitt County; 12C45).
On October 7, 2011, Donald Wayne
Willis contracted to repair a storm
damaged home in Ayden for a
cost of $28,500.00. Thereafter,
Mr. Willis undertook the work and
was paid $30,700.00. The par-ties
agreed and stipulated to the
above findings of fact and agreed
to be bound by the terms of the
Consent Order. A Consent Order was
entered on September 14, 2012.
Don Schneider d/b/a RGB
Construction (Mecklenburg County;
11C140). On November 2, 2010, Don
Schneider d/b/a RGB Construction
obtained a building permit to con-struct
an addition onto a home in
Matthews for a cost of $89,000.00. Mr.
Schneider listed Diamond Restoration,
LLC, a licensed general contractor, on
the building permit application for the
project without Diamond Restoration,
LLC’s consent. On November 4 and
5, 2010, Mr. Schneider submitted
“Contract/Proposals” to the home-owners
for costs of $149,700.00
and was paid $75,000.00 for work
performed. Default Judgment was
entered on December 7, 2010.
Don Coble d/b/a Alpha & Omega
Rooing Company (Alamance
County; 11C02). On June 22, 2010,
Don Coble contracted with the
Whitehall at Richland Creek Board
of Directors to reroof 47 condo-minium
units in 13 buildings for
a cost of $244,605.00. Mr. Coble
performed the work and was paid
$244,605.00. In 2008, a couple hired
Mr. Coble to repair hail damage to
their home and paid him $55,620.00
for the work. Default Judgment
was entered on January 3, 2012.
William Duke Gay, D & D Builders
of ILM, Inc., d/b/a D & D Builders,
Inc. and DG Builders of ILM, Inc.
d/b/a DG Builders, Inc. (New
Hanover County; 10C304, 10C306).
On November 29, 2010, William Duke
Gay contracted to oversee construc-tion
and monitor all subcontractors for
a fee of 10% of cost of construction
of a home which was estimated to be
$225,000.00. Mr. Gay used the license
of a licensed general contractor to
obtain the building permit without
the contractor’s knowledge. Mr. Gay
altered a license certificate to falsely
indicate that “DG Builder Inc.” was a
licensed general contractor. Pender
County revoked the building permit for
14 NORTH CAROL INA L ICENSING BOARD FOR GENERAL CONTRACTORS REPORT
m e e e e !me
was entered on February 9, 2012.
Antonio Davis d/b/a T and T
Construction (Vance County;
11C23). Antonio Davis contracted
to renovate a church in Vass for
a cost of $55,000.00. After the
work was performed, the roof col-lapsed.
Default Judgment was
entered on February 9, 2012.
Donna K. Latta and Michael T.
Hunt aka Mike Latta d/b/a D & M
Painting & Remodeling (Granville
County; 11C106). On May 4, 2010
through September 18, 2010, Donna
K. Latta and Michael T. Hunt aka
Mike Latta d/b/a D & M Painting
& Remodeling undertook repairs
to a home in Durham for a cost of
$99,660.00. They also misrepresented
themselves as licensed general
contractors. Default Judgment was
entered on February 9, 2012.
Shaws Brothers, Inc. (Durham
County; 11C122). On May 6,
2011, Shaws Brothers, Inc. con-tracted
to repair storm damage
to a home in Raleigh for a cost of
$74,670.00. Default Judgment was
entered on February 9, 2012.
Ron Aderhold and RAD
Construction Management, Inc.
(Buncombe County; 10C290). On
March 17, 2010, RAD Construction
Management, Inc. contracted to
construct a home in Henderson
County for a cost of $315,000.00.
Ron Aderhold misrepresented that
RAD Construction Management,
Inc. was a licensed general con-tractor.
Default Judgment was
entered on February 9, 2012.
Stacey Brian Gaylord and
Affordable Log Home Concepts,
LLC (Nash County; 11C209). On
February 19, 2010, Stacey Brian
Gaylord and Affordable Log Home
Concepts, LLC entered into three
contracts to construct a log home in
Cherokee County for a total cost of
$90,620.05. Mr. Gaylord duped the
homeowner into obtaining the build-ing
permit for the home as an owner-builder.
Mr. Gaylord and Affordable
Log Home Concepts undertook the
work and were paid approximately
$88,000.00. However, they abandoned
the job well prior to completion and
failed to pay subcontractors for the
work performed, leaving the home-owners
with an unfinished home and
threats of liens. Default Judgment
was entered on August 30, 2012.
Helen B. Stallings and Stallings
Homes, Inc. (Rowan County
11C204). On February 2, 2011, Helen
B. Stallings signed a Construction
Contract agreeing to erect a modular
home, perform ancillary construction
and construct a garage for a cost
of $323,356.00. The Construction
Contract listed Stallings Homes, Inc.
as the builder; however, Stallings
Homes, Inc. had been dissolved six
months earlier. Helen B. Stallings used
a false license number to obtain the
building permit. Helen B. Stallings and
Stallings homes, Inc. was paid over
$200,000.00 before abandoning the
project without performing the major-ity
of the work. Default Judgment
was entered on October 4, 2012.
Spectrum Construction, Inc.
(Wake County 11C164). On January
21, 2011, Spectrum Construction, Inc.
submitted an estimate to construct
WWW.NCLBGC.ORG • PHONE 919.571.4183 / FAX 919.571.4703 15
a metal garage, perform founda-tion
repairs, replace wood rot and
install HVAC and water and sewer
connections to a home in Raleigh
for a cost of $45,585.00. Spectrum
Construction, Inc. began work on the
project, performed shoddy work and
was paid $36,000.00 before aban-doning
the project. Default Judgment
was entered on November 8, 2012.
Gary Van Florcke and America’s
Powersport d/b/a America’s
Premier Builder (Jackson County
11C195). On October 15, 2010,
Gary Van Florcke and America’s
Premier Builder entered into a Cost-
Plus- Percentage-Fee Agreement to
construct a 3500 square foot home
in Jackson County. Defendant Van
Florcke used the license of a licensed
general contractor to obtain the
building permit for the project in an
apparent unlicensed joint venture. The
building permit stated the total cost of
the project at $500,000.00. Defendant
Van Florcke superintended and man-aged
the construction of the project.
Defendant Van Florcke and America’s
Premier Builder abandoned the proj-ect
after unsuccessfully demanding
more funds from the homeowner. By
that time, the homeowner had paid
Defendants $437,368.46, and the
project was only 40-50% complete
and had not passed certain Jackson
County inspections. On April 12, 2011,
Defendant Van Florcke applied for a
building permit as an owner-builder
to construct a 1596 square foot home
in Jackson County for a total cost of
$150,000.00. Defendant Van Florcke
executed an Affidavit in connection
with the permit which he affirmatively
stated his intent to retain the home
exclusively for his own use for a mini-mum
of one year after completion and
that he was not building a speculation
project with the intention of selling the
project once completed. On April 25,
2011, Defendant Van Florcke listed the
“Brand new home to be constructed”
for sale with Keller Williams Realty
for a price of $265,000.00.
Voluntary Surrenders
Boston/South Investments, Inc.
(Henderson Co.; 10C289, 12C40)
License No. 47685 – On February
29, 2012, Edward McGinnis, of
Boston/South Investments, Inc.
voluntarily surrendered the cor-porate
license to the Board. The
Board considers surrender of
license as permanent revocation.
Brunswick Building & Design Group,
Inc. (Brunswick Co.; 11C127) License
No. 56075 – On March 7, 2012, Grady
F. Watkins, Jr., of Brunswick Building
& Design Group, Inc. voluntarily sur-rendered
the corporate license to the
Board. The Board considers surrender
of license as permanent revocation.
Dolph & S. W. Silvers Construction
(Yancey Co.; 11C107) License No.
13764 – On September 4, 2012,
S.W. Silvers of Dolph & S.W. Silvers
Construction surrendered the cor-porate
license and his examina-tion
credentials to the Board. The
Board considers surrender of
license and examination creden-tials
as permanent revocation.
DDW, Inc. (Chatham Co.; 12C84)
License No. 52854 – On September
4, 2012, David H. Daniel, of DDW,
Inc, voluntarily surrendered the
corporate license to the Board.
The Board considers surrender of
license as permanent revocation.
Mark A. Williamson (Pender Co.;
10C288) – On November 16, 2012,
Mark A. Williamson surrendered
his examination credentials to the
Board. The Board considers sur-render
of examination creden-tials
as permanent revocation.
Unlicensed Contractors
Subject to Contempt
Sanctions
Criminal Contempt Case
On December 16, 2002, Wake
County Superior Court entered
a Consent Order which enjoined
Jamie Sanders d/b/a JS Drafting &
Construction from practicing general
contracting in North Carolina unless
and until such time as he was
properly licensed.
In August 2008, Mr. Sanders
contracted to construct a new church
in Raeford for a cost of $200,000.00.
He was paid $89,588.12 for work
performed. Mr. Sanders willfully failed
to comply with the December 2002
Consent Order in that he contracted
for and undertook construction
where the cost exceeded $30,000.00
without first obtaining a valid license.
Mr. Sanders acknowledged that
he was perpetually enjoined and
restrained from practicing general
contracting in North Carolina unless
and until such time as he was issued
a contractor’s license.
In a Consent Order signed by a
Wake County Superior Court Judge
on April 10, 2012, Mr. Sanders was
found guilty of Civil Contempt of
Court of the Court’s December 16,
2002 Order and agreed to make
restitution to the church by paying the
church $5,000.00 in order to purge
himself of the contempt.
NASCLA
North Carolina General Contractors Guide To Business,
Law And Project Management Order Form
23309 N. 17th Drive, Suite 110 • Phoenix, Arizona 85027 • (623) 587-9519
T
o o"
der a copy of the North Carolina General Contractors Guide to Business, Law and Project Management, please complete the order form below, submit a check
for the total order amount – payable to NASCLA Publications, Inc.
For credit card orders — Visa, MasterCard, Discover or American Express — mail the completed form to the address above or order by: Phone (623) 587-9519, Fax
(623) 587-9625 or Online @ www.nascla.org.
Ship To:
Name
Company
Mailing Address
City State Zip
Telephone/Fax
Method of Payment:
Enclosed check to NASCLA Visa
MasterCard Amex Discover
Card #
Expiration Date
Name on Card
Signature
Please send copy(ies) of the North Carolina General Contractors
Guide to Business, Law and Project Management @ $45.00 each
Shipping is $12 for one book, $6 for each additional book
$
$
TOTAL $
NORTH CAROLINA LICENSING BOARD
FOR GENERAL CONTRACTORS
PRSRT STD
US POSTAGE
PAID
RALEIGH, NC
PERMIT # 1230
PO BOX 17187
Raleigh, NC 27619